What to Do if an At-Fault Driver Leaves the Scene
If an at-fault driver leaves the scene of a car accident, commonly called a hit-and-run, it can be a very stressful and confusing situation. Knowing what steps to take immediately after the crash can help protect your legal rights and improve your chances of obtaining compensation. This blog explains what you should do if you find yourself in this unfortunate situation, why these steps matter, and what legal consequences the fleeing driver may face.
What Is a Hit-and-Run?
A hit-and-run occurs when a driver involved in an accident leaves the scene without providing their personal identification, insurance information, or rendering assistance as required by law. This can happen whether the crash involved injuries, death, or just property damage. Leaving the scene is illegal in every state and may result in severe criminal charges for the at-fault driver.
Immediate Steps to Take If the At-Fault Driver Flees
- Ensure Safety First
- Immediately check yourself and passengers for injuries. If you are able, move to a safe location out of traffic to avoid further harm. Turn on your hazard lights to warn other drivers.
- Call 911 and report the incident
- Contact emergency services right away to report the hit-and-run. Provide dispatchers with as much information as possible:
- Location of the accident
- Description of the other vehicle (make, model, color, license plate number if you caught it)
- Direction the fleeing vehicle went
- Number of occupants, if visible
- Any injuries to yourself or others
- It is crucial for the police to respond as they will create an official accident report. This report can be your key piece of evidence moving forward.
- Document everything you can
- Gather as much information at the scene as possible, even though the other driver left:
- Take photos of the damage to your vehicle and the accident scene
- Note down details about the time, weather, and any relevant road conditions
- Write down your own recollection of how the accident occurred
- Collect contact information from any witnesses who saw the event or the fleeing vehicle
- These details help police identify the hit-and-run driver and support your claim with insurance and, if necessary, in court.
- Seek medical attention
- Even if you don’t feel injured, some injuries may not be immediately apparent. Visit a doctor promptly to document any physical harm caused by the accident. Medical records may become essential proof in your injury claim.
- Notify Your insurance company
- Report the accident to your insurer as soon as possible, informing them that the other driver fled the scene. Provide the police report number and all details you gathered. Your insurance may cover damages under uninsured motorist coverage or other applicable policies.
Why It Matters to Report and Document the Hit-and-Run
- An official police report serves as objective third-party evidence, lending credibility and reducing “he said, she said” disputes during claims or legal proceedings.
- Thorough documentation helps locate and identify the hit-and-run driver through witness statements, physical evidence, or surveillance footage.
- Early medical documentation connects your injuries directly to the accident, preventing insurers from disputing causation.
- Prompt notification allows insurance companies to start investigations before evidence deteriorates, increasing your chance of fair compensation.
Legal Consequences the At-Fault Driver May Face
Hit-and-run drivers face criminal penalties that vary depending on the severity of the accident:
Accident Severity | Typical Charge | Possible Penalties (Texas Example) |
Property damage only (minor damage <$200) | Class C misdemeanor | Fines up to $500 |
Property damage over $200 | Class B misdemeanor | Fines up to $2,000, jail up to 6 months |
Injury to another person | Third-degree felony | 2 to 10 years in state prison, fines up to $10,000 |
Serious bodily injury | Second-degree felony | Up to 20 years imprisonment, fines up to $10,000 |
Death caused by hit-and-run | Second-degree or first-degree felony | Possible life imprisonment, heavy fines |
Beyond criminal charges, a hit-and-run driver may also face civil liability, including compensatory damages for your injuries, lost wages, mental anguish, and possibly punitive damages to punish the wrongdoing.
How a Personal Injury Attorney Can Help
Recovering from a hit-and-run can be complicated because the offending driver has fled. A skilled personal injury attorney can:
- Obtain and analyze the police report and witness statements
- Investigate to identify the fleeing driver through available evidence
- Help you understand your rights and insurance coverage options, such as uninsured motorist claims
- Handle communications with insurance companies to ensure you receive fair compensation
- Represent you in court if the case proceeds to litigation
An attorney’s expertise can be your strongest ally in obtaining justice and the financial recovery you deserve.
Important Considerations
- Do not attempt to chase or confront the fleeing driver. Your priority should be safety and gathering information.
- Never admit fault at the scene or give recorded statements without legal advice. Statements can be misinterpreted or used against you.
- File a police report even if you cannot identify the driver immediately. Late reports could still help the investigation.
- Check if your insurance includes uninsured or underinsured motorist coverage. This can cover expenses if the hit-and-run driver is never found or lacks insurance.
A Katy Car Wreck Lawyer Can Help
When an at-fault driver leaves the scene, each step you take afterward is vital to protecting your rights and securing fair compensation. Immediate reporting to police, thorough documentation, early medical attention, and timely insurance notification are critical. Understanding the serious legal consequences hit-and-run drivers face helps underscore the importance of these actions.
If you or a loved one has been in a hit-and-run accident, consulting a personal injury attorney experienced in these cases can clarify your options and help you navigate this challenging situation. Remember, you don’t have to face the aftermath of a hit-and-run alone.
Board-certified attorney Scott Callahan has over 25 years of experience in car and truck wrecks, equipped to guide you through the process, protect your rights, and work to maximize your recovery. Give the firm a call today, 24/7, at 713-888-9000